BILL NUMBER: AB 2885	CHAPTERED  07/07/00

	CHAPTER   100
	FILED WITH SECRETARY OF STATE   JULY 7, 2000
	PASSED THE SENATE   JUNE 15, 2000
	PASSED THE ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN ASSEMBLY   MAY 25, 2000

INTRODUCED BY   Assembly Member Cardenas
   (Coauthors:  Assembly Members Alquist, Aroner, Bates, Battin,
Briggs, Calderon, Campbell, Cardoza, Cedillo, Corbett, Correa, Cox,
Cunneen, Davis, Dickerson, Dutra, Gallegos, Granlund, Hertzberg,
Honda, Jackson, Lempert, Longville, Maddox, Margett, Nakano, Robert
Pacheco, Rod Pacheco, Reyes, Romero, Scott, Steinberg, Strom-Martin,
Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wiggins,
Wildman, and Zettel)
   (Coauthors:  Senators Alarcon, Alpert, Bowen, Brulte, Chesbro,
Costa, Escutia, Figueroa, Karnette, McPherson, O'Connell, Perata,
Polanco, Poochigian, Rainey, Schiff, Soto, and Vasconcellos)

                        MARCH 6, 2000

   An act to amend Sections 30061, 30062, 30063, and 30064.1 of the
Government Code, relating to law enforcement, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.

      (Approved by Governor July 6, 2000.  Filed with
Secretary of State July 7, 2000.)

   I am signing Assembly Bill No. 2885; however, I am deleting the
allocation and the funding for the juvenile justice programs
contained in this measure.
   This bill appropriates $242,600,000 General Fund to provide
funding for continuation of the Citizens' Option for Public Safety
(COPS) program and to establish and fund local juvenile justice
programs.  From this $242,600,000 appropriation, the bill allocates
(1) $121,300,000 for the COPS program (5.15 percent, $12,500,000 to
district attorneys; 5.15 percent, $12,500,000 to counties for jail
operations; and 39.7 percent, $96,300,000 to local agencies for
front-line law enforcement), and (2) $121,300,000 to counties for
juvenile justice programs.  The provisions of this bill would sunset
on January 1, 2005, and states legislative intent to appropriate at
least $242,600,000 in fiscal years 2001-02, 2002-03, and 2003-04 for
the purposes of funding the provisions of this measure.
   The COPS program has provided supplemental funding to counties,
cities, and special police protection districts for local law
enforcement services in order to enhance public safety.  This bill
would provide statutory authority to continue this worthy program
through 2003-04.  I support continuing the COPS program and providing
the full funding at the $121,300,000 level allocated under the
provisions of this measure.
   With respect to the juvenile justice provisions in the bill, while
I am supportive of programs that reduce juvenile crime and
delinquency, the programmatic justification for the juvenile justice
programs in the bill is insufficient to support the General Fund
appropriation for this purpose.  In addition, given the lack of
information regarding the components of the juvenile justice
programs, the benefits of these programs as currently configured are
unclear.  Therefore, I am deleting the $121,300,000 intended to fund
the juvenile justice programs.
   I would be supportive of subsequent legislation that would
appropriate $71,300,000 General Fund for proven juvenile justice
programs and which contains the following components:  (1) provisions
specifying the funding in the measure would not be for the purpose
of supplanting existing local funding, (2) provisions delineating a
mechanism for the programs being funded to be measured and assessed
for both expenditures and success, and (3) provisions specifying the
criteria and standards for the use of the funds. Additionally, this
subsequent bill should also include a $9,210,000 General Fund
appropriation for the Turning Point Academy program that was
inadvertently left out of the Budget Bill.
   In Section 2, paragraph (b)(4) of the bill, I am deleting the
following:

   "(4) Fifty percent to the county or city and county to develop and
implement a comprehensive multiagency plan that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.  This plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county pursuant to Section 749.22 of the Welfare and Institutions
Code and approved by the county board of supervisors, and in the
case of a city and county, the plan shall also be approved by the
mayor.
   (A) The SLESF shall only allocate funding pursuant to this
paragraph upon the submission by the local juvenile justice
coordinating council of a local action plan to the county board of
supervisors and the Board of Corrections.
   (B) The local action plan shall identify ways for improving and
marshaling existing resources to reduce the incidence of juvenile
crime and delinquency in priority areas and the greater community.
The plan shall also maximize the provision of collaborative and
integrated services and shall specify strategies for all elements of
response, including, but not limited to, prevention, intervention,
suppression, and incapacitation to provide a continuum for addressing
the identified juvenile crime problem.  The plan shall also identify
strategies for addressing gang and gender specific issues.  The plan
shall also identify outcome measures to help determine the
effectiveness of the program which shall include, but not be limited
to, the following:
   (1) The rate of juvenile arrests per 100,000 of population.
   (2) The rate of successful completion of probation.
   (3) The rate of successful completion of restitution and
court-ordered community service responsibilities."

   In Section 3, paragraph (a) of the bill, I am deleting the
following:
", and (4)"

   In Section 3, paragraph (c) of the bill, I am deleting the
following:

   "(3) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (4) of subdivision
(b) of Section 30061."

   In Section 3, paragraph (d)(1) of the bill, I am deleting the
following:
", or (4)"

   In Section 3, paragraph (e) of the bill, I am deleting the
following:
", and juvenile justice"

   In Section 4, paragraph (h) of the bill, I am deleting the
following:

   "(h) In addition to the report specified in subdivision (c), each
local juvenile justice coordinating council shall, beginning August
15, 2002, and annually thereafter, report to the county board of
supervisors and the Board of Corrections, in a format specified by
the board, on the effectiveness of programs funded pursuant to this
chapter.  The Board of Corrections shall compile the local reports
and, beginning March 1, 2004, make an annual report to the
Legislature on the statewide effectiveness of the comprehensive
multiagency local action plans."
                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2885, Cardenas.  Supplemental local law enforcement funding.
   (1) Existing law establishes in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF) and requires that
moneys from this fund be allocated to counties and cities located
within a county in accordance with specified requirements for, among
other things, front line law enforcement services.
   This bill would revise the requirements for an allocation to a
county that includes a newly incorporated city, as specified, would
designate specific allocations for district attorneys, county
sheriffs, and city police chiefs, and would require that funds be
expended no later than June 30 of the following fiscal year.  The
bill would also require the county auditor to allocate a grant of at
least $100,000 to each law enforcement jurisdiction.  The bill would
allocate 50% of SLESF moneys to counties and cities and counties to
develop and implement a comprehensive multiagency plan that provides
a continuum of responses to juvenile crime and delinquency and would
require that the plan be developed by the local juvenile justice
coordinating council in each county and city and county.
   (2) Existing law requires the county auditor and the city
treasurer to file a written, public report with the Supplemental Law
Enforcement Oversight Committee (SLEOC) on or before the date of the
duly noticed public hearing held in September in each year for the
purpose of considering requests for money from the fund.  A summary
of these annual reports is required to be submitted by the SLEOC to
the Controller on or before October 15, 1998, and each year
thereafter.
   This bill instead would require that the written, public report be
filed with the SLEOC at least 30 days prior to the date of the duly
noticed public hearing and that the summary be submitted to the
Controller on or before August 15, 2001, and each year thereafter.
The bill would also require a county, a city, or a city and county
that fails to submit the required data or expend the SLESF moneys to
forfeit its allocation, as specified, and would authorize a local law
enforcement agency to submit the required data to the Controller if
the SLEOC fails to do so pursuant to these provisions.
   (3) This bill would also require each local juvenile justice
coordinating council, beginning August 15, 2002, to report annually
to the county board of supervisors and the Board of Corrections, in a
format specified by the board, on the effectiveness of SLESF
programs.  The bill would require the Board of Corrections to compile
the local reports and, beginning March 1, 2004, to make an annual
report to the Legislature on the statewide effectiveness of the
comprehensive multiagency local action plans.
   (4) The bill would appropriate $242,600,000 from the General Fund
to the Controller for the 2000-01 fiscal year for allocation to
counties and cities and counties for supplemental local law
enforcement funding pursuant to the bill.
   (5) Existing law provides that these provisions governing
supplemental local law enforcement funding shall become inoperative
on July 1, 2000, and are repealed as of January 1, 2001.
   This bill would extend the operation of these provisions to July
1, 2004, and would repeal them as of January 1, 2005.
  (6) The bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
Schiff-Cardenas Crime Prevention Act of 2000.
  SEC. 2.  Section 30061 of the Government Code is amended to read:
   30061.  (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
   (b) In any fiscal year for which a county receives money to be
expended for the implementation of this chapter, the county auditor
shall allocate moneys in the county's SLESF, including any interest
or other return earned on the investment of those moneys, within 30
days of the deposit of those moneys into the fund, and shall allocate
those moneys in accordance with the following requirements:
   (1) Five and fifteen one hundredths percent to the county sheriff
for county jail construction and operation.  In the case of Madera,
Napa, and Santa Clara Counties, this allocation shall be made to the
county director or chief of corrections.
   (2) Five and fifteen one hundredths percent to the district
attorney for criminal prosecution.
   (3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of the San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance.  For a
newly incorporated city whose population estimate is not published
by the Department of Finance but which was incorporated prior to July
1 of the fiscal year in which an allocation from the SLESF is to be
made, the city manager, or an appointee of the legislative body, if a
city manager is not available, and the county administrative or
executive officer shall prepare a joint notification to the
Department of Finance and the county auditor with a population
estimate reduction of the unincorporated area of the county equal to
the population of the newly incorporated city by July 15, or within
15 days after the Budget Act is enacted, of the fiscal year in which
an allocation from the SLESF is to be made.  No person residing
within the Broadmoor Police Protection District, the Bear Valley
Community Services District, the Stallion Springs Community Services
District, the Lake Shastina Community Services District, or the
Kensington Police Protection and Community Services District shall
also be counted as residing within the unincorporated area of the
County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any
city located within those counties.  The county auditor shall
allocate a grant of at least one hundred thousand dollars ($100,000)
to each law enforcement jurisdiction. Moneys allocated to the county
pursuant to this subdivision shall be retained in the county SLESF,
and moneys allocated to a city pursuant to this subdivision shall be
deposited in a SLESF established in the city treasury.
   (4) Fifty percent to the county or city and county to develop and
implement a comprehensive multiagency plan that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.  This plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county pursuant to Section 749.22 of the Welfare and Institutions
Code and approved by the county board of supervisors, and in the
case of a city and county, the plan shall also be approved by the
mayor.
   (A) The SLESF shall only allocate funding pursuant to this
paragraph upon the submission by the local juvenile justice
coordinating council of a local action plan to the county board of
supervisors and the Board of Corrections.
   (B) The local action plan shall identify ways for improving and
marshaling existing resources to reduce the incidence of juvenile
crime and delinquency in priority areas and the greater community.
The plan shall also maximize the provision of collaborative and
integrated services and shall specify strategies for all elements of
response, including, but not limited to, prevention, intervention,
suppression, and incapacitation to provide a continuum for addressing
the identified juvenile crime problem.  The plan shall also identify
strategies for addressing gang and gender specific issues.  The plan
shall also identify outcome measures to help determine the
effectiveness of the program which shall include, but not be limited
to, the following:
   (1) The rate of juvenile arrests per 100,000 of population.
   (2) The rate of successful completion of probation.
   (3) The rate of successful completion of restitution and
court-ordered community service responsibilities.
   (c) Subject to subdivision (d), for each fiscal year in which the
county and each city, and the Broadmoor Police Protection District,
the Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community Services
District, and the Kensington Police Protection and Community Services
District, receive moneys pursuant to paragraph (3) of subdivision
(b), the county, each city, and each district specified in this
subdivision shall appropriate those moneys in accordance with the
following procedures:
   (1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide front line law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the
district attorney.  Any request submitted pursuant to this paragraph
shall specify the front line law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs.  The board shall, at a public hearing
held in September in each year that the Legislature appropriates
funds for purposes of this chapter, consider and determine each
submitted request within 60 days of receipt, pursuant to the decision
of a majority of a quorum present.  The board shall consider these
written requests separate and apart from the process applicable to
proposed allocations of the county general fund.
   (2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund front line
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.  These written requests shall be acted upon
by the city council in the same manner as specified in paragraph (1)
for county appropriations.
   (3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district.  These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
   (d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
   (e) Funds received pursuant to subdivision (b) shall be expended
in accordance with the provisions of this chapter no later than June
30 of the following fiscal year.  A local agency that has not met
this requirement shall remit unspent SLESF moneys to the Controller
for deposit into the General Fund.
   (f) In the event that a county, a city, a city and county, or a
qualifying special district does not comply with the requirements of
this chapter to receive an SLESF allocation, the Controller shall
revert those funds to the General Fund.
  SEC. 3.  Section 30062 of the Government Code is amended to read:
   30062.  (a) Except as required by paragraphs (1), (2), and (4) of
subdivision (b) of Section 30061, moneys allocated from a
Supplemental Law Enforcement Services Fund (SLESF) to a recipient
entity shall be expended exclusively to provide front line law
enforcement services.  These moneys shall supplement existing
services, and shall not be used to supplant any existing funding for
law enforcement services provided by that entity.
   (b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
   (c) In no event shall any moneys allocated from the county's SLESF
be expended by a recipient agency to fund any of the following:
   (1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation for that year.
   (2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
   (3) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (4) of subdivision
(b) of Section 30061.
   (d) For purposes of subdivision (c), both of the following shall
apply:
   (1) A "recipient agency" or "recipient entity" is that entity that
actually incurs the expenditures of SLESF funds allocated pursuant
to paragraph (1), (2), (3), or (4) of subdivision (b) of Section
30061.
   (2) Administrative overhead costs shall only be charged by the
recipient entity, as defined in paragraph (1), up to 0.5 percent of
its SLESF allocation.
   (e) For purposes of this chapter, "front line law enforcement
services" and "front line municipal police services" each include
antigang, community crime, and juvenile justice prevention programs.

  SEC. 4.  Section 30063 of the Government Code is amended to read:
   30063.  (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter.  Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
   (b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys.  The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
   (c) Each year, at least 30 days prior to the date of the duly
noticed public hearing required pursuant to paragraph (1) of
subdivision (c) of Section 30061, the county auditor and city
treasurer shall detail and summarize allocations from the county's or
city's SLESF, as applicable, in a written, public report filed with
the Supplemental Law Enforcement Oversight Committee (SLEOC), the
county board of supervisors or city council, as applicable, for the
entirety of the immediately preceding fiscal year, and the county
sheriff or police chief, as applicable.
   (d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
August 15,  2001, and each year thereafter.  The Controller shall
make a copy of the summarized reports available to the Governor, the
Legislature, and the Legislative Analyst's office.
   (e) By March 1 of each year, the Legislative Analyst's office
shall report to the Legislature on the types of expenditures made by
local law enforcement agencies in the previous fiscal year pursuant
to this chapter, and, to the extent feasible, on the effects of those
expenditures on law enforcement and public safety.
   (f) A county, a city, or a city and county that fails to submit
the data required pursuant to subdivision (d) or fails to expend the
SLESF moneys provided by the date specified in subdivision (e) of
Section 30061 shall forfeit its allocation provided pursuant to
Section 30061 for the subsequent fiscal year.  The Controller shall
reduce the affected county's allocation by the appropriate amount and
shall identify the county, city, or city and county and the
corresponding amount reduced for the affected local agency.  Funds
not allocated pursuant to this subdivision shall revert to the
General Fund.
   (g) Notwithstanding subdivision (f), if the Supplemental Law
Enforcement Oversight Committee (SLEOC) fails to transmit the data to
the Controller required pursuant to subdivision (d), the local law
enforcement agency may submit its expenditure data directly to the
Controller no later than 15 days after the date specified in
subdivision (d).  If the local law enforcement agency has complied
with other requirements in this chapter, it shall be eligible for an
allocation the subsequent fiscal year.  However, the Controller shall
reduce the SLESF allocation to the sheriff and district attorney and
the cities represented in the SLEOC, and shall reduce the allocation
to all the local law enforcement agencies that failed to provide the
expenditure data within the 15 days.  Funds not allocated pursuant
to this subdivision shall revert to the General Fund.
   (h) In addition to the report specified in subdivision (c), each
local juvenile justice coordinating council shall, beginning August
15, 2002, and annually thereafter, report to the county board of
supervisors and the Board of Corrections, in a format specified by
the board, on the effectiveness of programs funded pursuant to this
chapter.  The Board of Corrections shall compile the local reports
and, beginning March 1, 2004, make an annual report to the
Legislature on the statewide effectiveness of the comprehensive
multiagency local action plans.
  SEC. 5.  Section 30064.1 of the Government Code is amended to read:

   30064.1.  (a) It is the intent of the Legislature that at least
two hundred forty-two million six hundred thousand dollars
($242,600,000) be appropriated  each year for fiscal years  2001-02,
2002-03, and 2003-04 for the purpose of funding the provisions of
this chapter.
   (b) This chapter shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 6.  The sum of two hundred forty-two million six hundred
thousand dollars ($242,600,000) is hereby appropriated from the
General Fund to the Controller for the 2000-01 fiscal year for
allocation to counties and cities and counties for purposes of
Chapter 6.7 (commencing with Section 30061) of Part 3 of Division 3
of Title 3 of the Government Code in accordance with the
proportionate share of the state's total population that resides in
each county and city and county, as determined on the basis of the
most recent January population estimate developed by the Department
of Finance.  Each county or city and county share shall be deposited
in the Supplemental Law Enforcement Services Fund of the county or
city and county.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide for the preservation and enhancement of public
safety through the implementation of the provisions of this bill, as
they relate to COPS funds expenditures, at the earliest possible
time, it is necessary for this act to take effect immediately.
